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DiCARLO v. SUFFOLK CONSTRUCTION CO., INC.

No. 13-P-388.

86 Mass. App. Ct. 589 (2014)

ROBERT M. DiCARLO & another, v. SUFFOLK CONSTRUCTION CO., INC., & others.

Appeals Court of Massachusetts, Suffolk.

November 6, 2014.

Attorney(s) appearing for the Case

Alice J. Klein for the plaintiffs.

Wystan M. Ackerman for Twin City Fire Insurance Company.

Marie Cheung-Truslow , for National Association of Subrogation Professionals, amicus curiae, submitted a brief.

Present: BERRY, MEADE, & AGNES, JJ.

This appeal involves a workers' compensation insurer's lien under G. L. c. 152, § 15, and poses the question whether, in cases where an injured employee receives workers' compensation benefits and then sues and successfully negotiates the allocation of noneconomic damages to the employee in a lawsuit against a third-party tortfeasor...

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